Order Michigan Supreme Court
Lansing, Michigan
April 28, 2014 Robert P. Young, Jr.,
Chief Justice
147678 & (61) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 147678
COA: 310293
Wayne CC: 11-004867-FC
ANTHONY REESE PORTER,
Defendant-Appellant.
_________________________________________/
By order of February 5, 2014, the prosecuting attorney was directed to address
whether the imposition of consecutive sentences in this case violates the Ex Post Facto
Clauses of the United States and Michigan Constitutions: US Const, art I, § 10, cl 1;
Const 1963, art 1, § 10. On order of the Court, the answer having been received, the
application for leave to appeal the July 23, 2013 judgment of the Court of Appeals is
again considered. The prosecuting attorney has conceded that it was error to order
consecutive sentences because the criminal act preceded the amendment authorizing
consecutive sentences. Therefore, pursuant to MCR 7.302(H)(1), in lieu of granting
leave to appeal, we REMAND this case to the Wayne Circuit Court to amend the
judgment of sentence to reflect that the sentences imposed in this case are to run
concurrently. People v Sawyer, 410 Mich 351 (1981). In all other respects, leave to
appeal is DENIED, because we are not persuaded that the questions presented should be
reviewed by this Court.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
April 28, 2014
p0421
Clerk